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in Court Updates, DRM Exclusive, News

Islamabad Court Questions Constitutionality of Section 6 of Journalists Protection Bill

DRMby DRM
February 9, 2022

February 9, 2022 — In a hearing on Wednesday, the Islamabad High Court (IHC) questioned the Journalist Protection Bill along with the PECA for their ability to be used against the freedom of expression in the country.

Chief Justice Athar Minallah remarked that PECA is already being used to stifle freedom of expression, and now section 6 of the Journalist Protection Act and Media Professional Act is, in essence, also against the fundamental rights enshrined in the Constitution. The Court issued notices to the Ministry of Information and the Ministry of Human Rights seeking a reply within a month. The Court has ordered the state to prove by its actions that there is no restriction on freedom of expression. The Court has ordered that the state will have to prove that it is not against freedom of expression through its actions.

During the hearing on the petition of journalist Nasir Zaidi of Pakistan Federal Union of Journalists (PFUJ), the Court remarked that the terminology used in section 6 of the Journalists Protection Act will grant the license to file cases against journalists.  It further said that the section seems to be against fundamental rights.

The Court added that there is no doubt that the Bill will provide protection to journalists but there is a serious ambiguity in the language of the said section. Chief Justice Athar Minallah suggested that the petitioner and the Attorney General should sit together and examine it in light of the Article 19 and 19-A of the Constitution. In addition, the Ministry of Human Rights must satisfy the Court that the section is not in violation of these articles of the Constitution. The Chief Justice said that the definition of journalists includes photographers, cameramen, producers, and editors. The representative of the Ministry of Human Rights assured the Court that they would look into the concerns of the petitioner and find a solution regarding this, and if needed, they would propose an amendment in the parliament as well.

The Chief Justice said that freedom of right to information and freedom of expression are not just the matters of the media. He said that there will be no accountability without criticism. The Chief Justice added that the best accountability of a public office holder is access to information and criticism. The concerns of PFUJ regarding the misuse of laws are not baseless, it remarked.

The Court said that a messenger should not be scared of the police while doing their job. Otherwise it would be impossible for journalists to report any news. Chief Justice Athar Minallah questioned, “Explain how intrusive police laws can be applied to journalists?”

Tags: Freedom of ExpressionIHCJournalists Protection BillPakistan
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This website reports on digital rights and internet governance issues in Pakistan and collates related resources and publications. The site is a part of Media Matters for Democracy’s Report Digital Rights initiative that aims to improve reporting on digital rights issues through engagement with media outlets and journalists.

About Media Matters for Democracy

Media Matters for Democracy is a Pakistan based not-for-profit geared towards independent journalism and media and digital rights advocacy. Founded by a group of journalists, MMfD works for innovation in media and journalism through the use of technology, research, and advocacy on media and internet related issues. MMfD works to ensure that expression and information rights and freedoms are protected in Pakistan.

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